ISLAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 17.7.2013 passed by Additional Sessions Judge, Court No. 5, Kanpur Nagar in S.T. No. 1194 of 2010 (State v/s. Islam) arising out of Crime No. 920 of 2009, under Ss. 376 & 506 I.P.C., Police Station -Naubasta, District -Kanpur Nagar whereby the accused was found guilty under Ss. 376 and 506 I.P.C. and was sentenced to 7 years rigorous imprisonment and Rs. 3,000/ - fine under Sec. 376 I.P.C. and 1 year rigorous imprisonment and Rs. 1,000/ - fine under Sec. 506 I.P.C. with default stipulation.

(2.) Filtering out unnecessary details the prosecution story as per the prosecution version is that Ramesh Kumar, son of the victim lodged a written report on 2.12.2009 stating that his mother is aged about of 65 years, who lives separately in her house and in the intervening night of 29/30.11.2009 she was sleeping in her room. The 'Tilak' ceremony of Pintu was being performed near her house. At about 12:30 in the night, the accused Islam jumped the wall and entered the house of the victim. He pressed the neck of the victim and raped her. When the victim tried to raise alarm, she was threatened and her mouth was pressed and closed. After committing rape on the victim the accused fled away after threatening her. The victim told the occurrence to everybody. The accused could not be traced, hence report was lodged.

(3.) On the basis of this F.I.R., chick report was scribed by P.W. 6 Constable Ram Sewak, which was proved as Exhibit Ka -8.